What is the purpose of this Notice? This Notice is to provide revised supplementary tables related to the following FY 2008 apportionments pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) of 2005, Public Law (Pub. L. No.) 109-59, and Division K, Title I of the Consolidated Appropriations Act, 2008, Pub. L. No. 110-161:

Does this Notice cancel FHWA Notice 4510.681? Yes. This Notice cancels FHWA Notice 4510.681, Revised Supplementary Tables –Apportionments Authorized for Fiscal Year (FY) 2008 Pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) and Division K, Title I of the Consolidated Appropriations Act, 2008, dated July 25, 2008. The revisions are required to reflect the designation, under Section 154(c)(5) of Title 23, United States Code (U.S.C.), by Illinois and Massachusetts of the amounts to be transferred to each State's Section 402 Safety Program pursuant to Section 154 of Title 23, U.S.C. (Open Container Requirements).

What do the following tables show?

Table 1 shows the total amount of Interstate and non-Interstate funds authorized for FY 2008 apportioned to the States by formula.

Table 2 shows the distribution of Equity Bonus funds. Page 1 shows the amount of Equity Bonus funds authorized for FY 2008, which are exempt from limitation, subject to special limitation, and subject to formula obligation limitation (displayed as “Amount Distributed to Programs”). Page 2 shows the programmatic distribution of Equity Bonus funds in excess of $2.639 billion to the core programs (Interstate Maintenance, National Highway System, Surface Transportation, Highway Bridge, Congestion Mitigation and Air Quality Improvement, and Highway Safety Improvement Programs). The amounts shown on Page 2 are inclusive of amounts reserved for 2 percent Statewide Planning and Research (SPR) projects.

Table 3 shows the total amount of Interstate Maintenance, National Highway System, Surface Transportation, Highway Bridge, Congestion Mitigation and Air Quality Improvement, and Highway Safety Improvement Program funds authorized for FY 2008 and apportioned to the States by formula, including the programmatic distribution of Equity Bonus. The funds are inclusive of amounts reserved for transfer for those States that failed to meet the provisions of Section 154 (Open Container Requirements) of Title 23, U.S.C., and Section 164 (Minimum Penalties for Repeat Offenders) of Title 23, U.S.C. Under the provisions of Sections 154(c) and 164(b) of Title 23, U.S.C., 3 percent of the amount required to be apportioned to the States will be transferred to the States' Safety Program, as outlined in Section 402 of Title 23, U.S.C. The amounts shown are also inclusive of amounts reserved for 2 percent SPR projects.

Table 4 shows the total amount of funds reserved for transfer for those States that failed to meet the provisions of Section 154 (Open Container Requirements) of Title 23, U.S.C., and Section 164 (Minimum Penalties for Repeat Offenders) of Title 23, U.S.C. Under the provisions of Sections 154(c) and 164 of Title 23, U.S.C., 3 percent of the amount required to be apportioned to the States will be transferred to the State's Safety Program, as outlined in Section 402 of Title 23, U.S.C. Amounts transferred are subject to determination by the States, according to Sections 154(c)(5) and 164(b)(5) of Title 23, U.S.C.

Table 5 shows the total amount of funds made available for SPR in accordance with Section 505(a) of Title 23, U.S.C. Such sums are equal to 2 percent of each State's Interstate Maintenance, National Highway System, Surface Transportation, Highway Bridge, Congestion Mitigation and Air Quality Improvement, Highway Safety Improvement, and Equity Bonus Program funds, as apportioned to the States by formula. The table also shows the mandatory spending amounts for research, development and technology transfer activities, according to Section 505(b)(1) of Title 23, U.S.C., equal to 25 percent of a State's SPR funding. Also shown is the 5½ percent that a State may contribute towards research and participation in the National Cooperative Highway Research Program (NCHRP).

Table 6 shows the total amount of Interstate Maintenance, National Highway System, Surface Transportation, Highway Bridge, Congestion Mitigation and Air Quality Improvement, and Highway Safety Improvement Program funds authorized for FY 2008 and apportioned to the States by formula, including the programmatic distribution of Equity Bonus funds. The amounts shown are exclusive of amounts reserved for transfer to the States' Safety Program, as outlined in Section 402 of Title 23, U.S.C., and those amounts reserved for 2 percent SPR projects, as outlined in Section 505(a) of Title 23, U.S.C. The amounts shown for the Highway Safety Improvement Program are exclusive of those amounts set aside for High Risk Rural Roads.

Table 7 shows the amounts made available to the National Highway Institute for the cost of tuition and direct educational expenses (excluding salaries) in connection with the education and training of employees of State and local transportation agencies according to Section 504(a)(4) of Title 23, U.S.C., limited to ½ of 1 percent of the funds apportioned to a State for the Surface Transportation Program in FY 2008. The table also shows the amounts made available for initiatives to halt the evasion of payment of motor-fuel taxes according to Section 143(b)(8) of Title 23, U.S.C., limited to ¼ of 1 percent of the funds apportioned to a State for the Surface Transportation Program in FY 2008 and the amount that the State of Alaska may transfer to the Denali Access System pursuant to Section 309(i) of Title 23, U.S.C, limited to 15 percent of the funds apportioned to the State of Alaska for the Surface Transportation Program in FY 2008. In addition, the table shows the amounts made available for Additional Discretionary Use of Surface Transportation Program Funds under Section 105(d) of the SAFETEA-LU Technical Corrections Act of 2008, Pub. L. No. 110-244, limited to $1,000,000 of the funds apportioned to a State for the Surface Transportation Program in FY 2008.

Table 8 shows the amounts available for Skills Training projects in accordance with Section 140(b) of Title 23, U.S.C., limited to ½ of 1 percent of the funds apportioned for each of the Surface Transportation Program and Highway Bridge Program for FY 2008.

Table 9 shows the amounts made available for traffic control signalization, safety rest areas, pavement markings, commuter carpooling and vanpooling, rail-highway crossing closure, or installation of traffic signs, traffic lights, guardrails, impact attenuators, concrete barrier end treatments, breakaway utility poles, or priority control systems for emergency vehicles at signalized intersections, in accordance with Section 120(c) of Title 23, U.S.C., limited to 10 percent of the funds apportioned to a State for each of the Interstate Maintenance, National Highway System, Surface Transportation, Congestion Mitigation and Air Quality Improvement, Highway Safety Improvement, and Recreational Trails programs for FY 2008.

Table 10 shows the amounts made available for the Highways for Life program in accordance with Section 1502(5)(B) of SAFETEA-LU, limited to 10 percent of the funds apportioned to a State for each of the Interstate Maintenance, National Highway System, Surface Transportation, and Congestion Mitigation and Air Quality Improvement programs for FY 2008.

Table 11 shows the distribution of Surface Transportation Program funds. Page 1 shows the total amount of Surface Transportation Program funds authorized for FY 2008 and apportioned to the States by formula, including those funds programmatically distributed to the Surface Transportation Program from the Equity Bonus. The amounts shown for the total Surface Transportation Program are exclusive of the amounts reserved for 2 percent SPR (also shown on the table) and inclusive of amounts reserved for transfer to the States' Safety Program, as outlined in Section 402 of Title 23, U.S.C. Page 2 lists the sub-allocations for the following:

(1) transportation enhancement activities, according to Section 133(d)(2) of Title 23, U.S.C.;

(2) amount of funds that are to be obligated in urbanized areas of the State with an urbanized area population over 200,000, according to Section 133(d)(3) of Title 23, U.S.C.;

(3) amount of funds that are to be obligated in areas of the State with a population less than 200,000, according to Section 133(d)(3) of Title 23, U.S.C.;

(4) amount of funds that are to be obligated in areas of the State (other than urban areas with a population greater than 5,000), according to Section 133(d)(3)(B) of Title 23, U.S.C.; and

(5) amount of funds that may be obligated in any area of the State for Surface Transportation Program projects. These funds are exclusive of amounts that were reserved for transfer to the States' Safety Program, as outlined in Section 402 of Title 23, U.S.C.

Table 12 shows the distribution of FY 2008 Surface Transportation Program funds to areas within a State with an urbanized population greater than 200,000.

Table 13 shows the total amount of the FY 2008 apportionment of the Highway Bridge Program funds segmented between the:

(1) minimum amount of 15 percent required to be expended for projects to replace or rehabilitate highway bridges located on public roads, other than those on a Federal-aid highway; and

(2) the remaining 85 percent that may be expended for projects to replace or rehabilitate highway bridges located on public highways on or off a Federal-aid highway.

Table 14 shows the total amount of the FY 2008 apportionment of Congestion Mitigation and Air Quality Improvement funds. The table also shows the:

(1) mandatory spending amounts for non-attainment areas, according to Section 149(c)(2) of Title 23, U.S.C.; and

(2) the flexible spending amounts, according to Section 149(c)(2) of Title 23, U.S.C., which can be used for any CMAQ-eligible project in a non-attainment or maintenance area or for any eligible project under Section 133 of Title 23, U.S.C.

Table 15 reflects the maximum amount that a State may transfer from the Transportation Enhancement Program for FY 2008 in accordance with Section 126(b) of Title 23, U.S.C. The amounts available for transfer are limited to 25 percent of (1) the amount made available for the program in FY 2008 less (2) the amount made available for each such program for FY 1997.

Table 16 shows the maximum amount that a State may transfer pursuant to Section 126(c) of Title 23, U.S.C., of the total amounts apportioned to a State for the Congestion Mitigation and Air Quality Improvement Program for FY 2008, as compared to the Congestion Mitigation and Air Quality Improvement Program authorized at $1.35 billion.

Table 17 shows the distribution of Highway Safety Improvement Program funds. The table shows the total amount of Highway Safety Improvement Program funds authorized for FY 2008 and apportioned to the States by formula, including those funds programmatically distributed to the Highway Safety Improvement Program from the Equity Bonus. The amounts shown for the total Highway Safety Improvement Program are exclusive of the amounts reserved for 2 percent SPR (also shown on the table). In addition, the table also shows the:

(1) amount that may be obligated for use only in the construction and operational improvements on high risk rural roads, according to Section 148(f)(1) of Title 23, U.S.C.;

(2) amounts remaining available for the Highway Safety Improvement Program, exclusive of SPR and the amounts set-aside for use only in the construction and operational improvements on high risk rural roads; and

(3) amounts that may be used to carry out safety projects under any section, as provided in a State's Strategic Highway Safety Plan, limited to 10 percent of the funds apportioned to a State for the Highway Safety Improvement Program, according to Section 148(e) of Title 23, U.S.C.

(1) amounts set aside for the installation of protective devices at railway-highway crossings, limited to 50 percent of the funds apportioned to a State for Railways-Highway Crossings Program, according to Section 130(f) of Title 23, U.S.C.;

(2) amounts remaining available to eliminate hazards relating to railway-highway crossings, exclusive of the amounts set-aside for the installation of protective devices at railway-highway crossings, according to Section 130(f) of Title 23, U.S.C.; and

(3) amounts that may be used by the State for compilation and analysis of data for the required annual report to the Secretary on the progress being made to implement the Railway-Highway Crossings Program, limited to 2 percent of the funds apportioned to a State for the Railways-Highway Crossings Program, according to Section 130(k) of Title 23, U.S.C.

Table 19 shows the total amount apportioned to States for the Recreational Trails Program for FY 2008. The table also shows the amounts used to pay costs incurred by a State in administering the Recreational Trails Program pursuant to Section 206(d)(2)(H) of Title 23, U.S.C., limited to 7 percent of the funds apportioned to a State for the Recreational Trails Program for FY 2008. Also shown are amounts that may be used for operating educational programs to promote safety and environmental protection, as those objectives relate to using recreational trails. Such amounts, made available in accordance with Section 206(d)(2)(G) of Title 23, U.S.C., are limited to 5 percent of the funds apportioned to a State for the Recreational Trails Program for FY 2008.

Table 20 shows the total amount apportioned to States for the Coordinated Border Infrastructure Program for FY 2008. The table also shows the maximum amount of Coordinated Border Infrastructure Program funds that a State may transfer to the General Services Administration for use on eligible Coordinated Border Infrastructure projects.

Table 21 shows the total amount of the FY 2008 apportionment of the Safe Routes to School funds segmented between:

(1) the minimum amount of 10 percent required to be expended for non-infrastructure related activities;

(2) the minimum amount of 70 percent required to be expended on infrastructure-related activities; and

(3) the remaining 20 percent that may be expended on infrastructure or non-infrastructure related activities.

What action is required? Division Administrators should ensure that copies of this Notice are provided to the State departments of transportation.